TERMS OF USE

SUMMARY OF IMPORTANT LEGAL INFORMATION

This website is owned and operated by MeYou Health, LLC ("MeYou Health") and is part of the MeYou Health family of websites and applications (collectively, our "website"). Please read these Terms of Use carefully because all use of our website is subject to the terms of this document. By clicking "I agree," you indicate that you have read, understood, and agree to comply with these Terms of Use and our Privacy Policy, which is incorporated by reference and which shall be considered to be part of these Terms of Use.

As described in more detail below, we agree that you exclusively own your personal information, and we will use the information you supply for the purpose of providing you with personalized health information through our website consistent with applicable federal and state law and regulation, as well as with MeYou Health's Privacy Policy.

Our website is designed for educational purposes only. Any content on our website is intended to supplement, not to replace, consultation with a physician. You should not use information from our website to diagnose or treat a health problem or disease. We encourage you to consult your health care provider with any questions or concerns you may have regarding your condition. The information contained in our website is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. If you have questions about the drugs you are taking, check with your doctor, nurse or pharmacist.

We retain all copyrights and other proprietary rights in or relating to our website. Except for downloading and printing a small number of copies of the content for your personal use only, you may not sell, transfer, reproduce, transmit, distribute, perform or display any portion of our website without our written consent.

TERMS OF USE

PLEASE READ TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. We provide Internet-based health management tools and well-being assessments on and through our website. By using our website, you signify that you understand and agree to these Terms of Use.

MeYou Health reserves the right to change these Terms of Use and its Privacy Policy at any time, and therefore you should review these Terms of Use and our Privacy Policy each time you visit our website. The Terms of Use and Privacy Policy in effect at the time you visit the MeYou Health website will apply. We will notify you 30 days prior to any material change unless immediate changes are necessary to protect your information. We will also seek your consent before applying any material changes to you. If you do not consent to these changes, in many cases, it is possible that many of the features that MeYou Health offers may not be available to you.

Last Updated: December 20, 2012

  1. Disclaimer; No Medical Advice.

    THE CONTENT ON AND IN OUR WEBSITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH OUR WEBSITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR IN OUR WEBSITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

  2. General Information About MeYou Health

    1. Your Information.

      MeYou Health will protect the privacy and security of all information you provide us consistent with these Terms of Use and MeYou Health's Privacy Policy. We do not sell any information about you. All of your personally identifiable information is your property and is maintained by us in strict confidence.

    2. Our Information.

      We strive to make our website a valuable resource of information for our users. However, we cannot ensure that information we provide is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. This information is of a general nature and we urge you to review it with your personal physician. Users should never delay, ignore, or fail to obtain medical advice based on information obtained from our website.

    3. Our Staff.

      Our staff may include medical practitioners, including but not limited to physicians, pharmacists, nutritionists, nurses, nurse practitioners, and other health care professionals. None of these medical practitioners will provide health care services to you, and they should not be considered to be in a physician-patient, clinical or treatment relationship with you. Although we may obtain health and medical information about you in the course of providing our services, we do not offer medical care, monitor your health care, or establish a confidential patient relationship with you. Simply put, we are not your treating or caregiving health care professional and will not communicate with your health care provider.

    4. Information from Others.

      Our website may include or provide links to other websites on the Internet. These other websites may provide opinions, recommendations, or other information from various individuals, organizations or companies. In providing such links, we do not investigate the content of such information. We do not endorse, guarantee, warrant, or recommend the accuracy of such information or necessarily subscribe to any such websites' opinions or recommendations.

  3. Accessing and Using the MeYou Health Website.

    1. Availability.

      Our website is available worldwide to anyone with Internet access. However, our website may not be continuously available due to maintenance, repairs, computer problems or crashes, disruption in Internet service, or unforeseen circumstances. Further, a reference to a product or service on or in our website does not imply that such product or service is or will be available in your location. The content of our website is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

    2. User Responsibility for Account Use.

      You may log in to your account using your user name and password or a third party authentication service working with us. By setting up an account, you agree to (i) provide us with accurate and complete information, and (ii) promptly update your account information with any new information that may affect the operation of your account. You may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Please notify us as soon as possible at support@dailychallenge.com or by mail at MeYou Health, 1 Appleton Street, 4th Floor, Boston, MA 02116, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. You are responsible for all usage or activity on your MeYou Health account. Any fraudulent, abusive or otherwise illegal activity, or any violation of these Terms of Use, may be grounds for termination of your account in our sole discretion.

    3. Links to Third-Party Websites.

      As mentioned above, we may provide links to websites and access to content offered by third parties that serve as our affiliates and strategic partners. We provide links to these sites only because they may be of interest to you. Information and views contained on linked websites are not ours, and you should refer to the separate terms of use, privacy policies, and other rules posted on those sites before you use them. We do not author, endorse, edit, or monitor them, and cannot be responsible or liable for (i) the availability or content provided on such linked sites; (ii) third party content accessible through linked sites; (iii) any loss or damage you may incur from these sites; or (iv) your dealings with any third parties found on or through these websites.

    4. Premium Services.

      Some features on our website may be provided by your health plan. Others may require you to pay a fee, the details of which are available in various areas of the website that allow you to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, features or services offered through our website at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, FEATURES OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

  4. Restrictions on the Use of the MeYou Health Website.

    1. Copyright and Trademarks.

      MeYou Health is dedicated to protecting our own intellectual property, as well as your intellectual property and the intellectual property rights of others. The contents of our website (with the exception of information you provide to us or authorize your health plan to provide us), including but not limited to text, graphics, images and software (Content), are protected by copyright under both United States and foreign laws, and the entire selection, coordination, arrangement and "look and feel" of our website and the Content are copyrighted as collective works under United States copyright laws. We retain all right, title and interest in and to the Content, all copies of it, and all copyrights and other proprietary rights in the Content. The name "MEYOU HEALTH" and associated logos are proprietary trademarks and service marks of MeYou Health or its licensors.

      Upon acceptance of these Terms of Use, we authorize you to view, download and print a small number of copies of the material on or in our website solely for your personal, noncommercial use. You may not modify, sell, assign, or transfer the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, decompile, or create any derivative works based on the Content. Content is subject to change without notice at our editorial discretion.

      If you add content to our website, you must own or possess the appropriate rights, permissions, licenses, and consents to submit this content.

      MeYou Health reserves the right to remove any content you submit to our website without prior notice if we obtain information causing us to reasonably believe that the content infringes or violates copyright law, infringes or violates the intellectual property rights of a third party, is otherwise unlawful, or violates these Terms of Use.

    2. Takedown Notices and Procedures.

      MeYou Health is committed to helping you and others enforce their intellectual property rights. If you believe that any content on our website infringes on your copyright, trademark, or any other intellectual property right, please email us a "Takedown Notice" at support@dailychallenge.com. In your message, please include the following information.

      1. Your physical or electronic signature.

      2. The intellectual property or copyrighted work that you allege has been infringed.

      3. The content that you allege is infringing on your intellectual property right. This may include a URL of the content or other information reasonably sufficient for MeYou Health to locate the content on the website.

      4. A statement indicating that you believe in good faith and under penalty of perjury that there is no legal basis for the use of the content that you allege is infringing on your intellectual property right.

      5. A statement that the information contained in the notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right you allege has been infringed. (Note you may be liable for damages if you make any material representation.)

      You may also send the Takedown Notice to our Digital Millennium Copyright Act agent at the following address:
      MeYou Health
      1 Appleton Street, 4th Floor
      Boston, MA 02116

      MeYou Health will remove or disable access to any content that is the subject of a Takedown Notice. MeYou Health will provide a copy of the Takedown Notice to the individual who submitted the content. The individual who submitted the content has the right to file a counterclaim, as described below.

    3. Counterclaim and Procedures.

      If you believe that MeYou Health improperly removed or disabled access to content you submitted to our website as the result of a Takedown Notice, you may file a counterclaim. To file a counterclaim, please contact us at support@dailychallenge.com with the following information:

      1. Your physical or electronic signature.

      2. Your contact information, including name, address, and telephone number.

      3. Information to identify the content that was removed or disabled, including the location or URL of the content before it was removed or disabled.

      4. A statement that you believe in good faith and under penalty or perjury that the content was removed because of a mistake or misidentification.

      5. Your consent to local federal court jurisdiction or, if you are outside the United States, to an appropriate judicial body.

      You may also send the counterclaim to our Digital Millennium Copyright Act agent at the following address:
      MeYou Health
      1 Appleton Street, 4th Floor
      Boston, MA 02116

      MeYou Health will send a copy of your counterclaim to the individual who submitted the Takedown Notice. If the individual who submitted the Takedown Notice does not agree with your counterclaim, MeYou Health may continue to disable access to the content that is subject to the dispute.

    4. Prohibition of Unlawful, Inappropriate, Offensive, and Commercial Content.

      You may not post any unlawful, inappropriate, offensive, or libelous content on our website. Also, you may not use our website for commercial purposes without our express prior written consent. MeYou Health retains the right and the sole discretion to define what content it considers unlawful, offensive, libelous, or commercial. If we reasonably believe that you have submitted any content that fits within these categories or breaches any representation that you have made to us (e.g., that you are over 13 years old), we may remove this content or terminate your access to our website without prior notice.

      If you believe any content on our website is unlawful, inappropriate, offensive, libelous, or commercial in nature, please contact us at support@dailychallenge.com.

    5. Representations and Warranties for Content You Submit.

      By submitting any content to our website, you represent and warrant that you are the sole owner of the intellectual property rights to that content or that you have obtained the necessary consents and permissions from others who have contributed to the content. You also represent that you are at least 13 years old and that you have read, understand and have agreed to these Terms of Use. You also represent and warrant that you will not submit any content to our website that is:

      1. False or misleading,

      2. Infringes on the intellectual property rights, publicity rights, or privacy rights of another,

      3. In violation of any local, state, or federal law or regulation,

      4. Defamatory, libelous, obscene, pornographic, predatory, harassing, hateful, encourages illegal acts, or misrepresents an identity,

      5. Content for which you received compensation or other consideration from a third party,

      6. Content that includes email addresses, contact information, or phone numbers of a third party, or

      7. Content that contains any computer viruses, worms, or other potentially damaging programs or files.

    6. Use of Public Forums.

      MeYou Health may provide interactive forums, chat rooms, bulletin boards and other interactive areas (collectively, the "public forums") on or in our website. If you use any of the public forums, you are solely responsible for your own communications and the consequences of posting those communications. We do not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any public forum by any user of our website, or of consequences of any public forum communications on or arising from use of our website. MeYou Health does not make any representations about the reliability of any user-submitted content on the public forums.

    7. Indemnification.

      You agree to indemnify, defend and hold MeYou Health, its affiliates, shareholders, directors, officers, licensors, subsidiaries, parents, employees and agents harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to our website, your use of the Content, your violation of these Terms of Use, or your violation of any rights of another.

  5. Disclaimers, Limitations of Liability, and Other Information

    1. INFORMATION SUPPLIED BY MeYou Health ON OR IN OUR WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." NEITHER MeYou Health, ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, STAFF, OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF OUR WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR USE, APPLICATION AND PURPOSE.

    2. BY ENTERING OR USING OUR WEBSITE, YOU EXPRESSLY AGREE THAT MeYou Health AND ITS PARENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF OUR WEBSITE OR ANY INFORMATION YOU OBTAIN ON OR THROUGH IT OR ANY OTHER INTERACTION WITH MEYOU HEALTH. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF MeYou Health. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.

    3. We do not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to our users, or that our files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics.

    4. Any claim or cause of action arising out of your use of our website or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

    5. Please do not send personal medical questions to us through our website. With respect to other communications to us, we do not guarantee that we will respond to all inquiries.

    6. If any part of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Terms of Use will remain fully in force.

    7. You agree that any dispute arising out of or relating in any way to these Terms of Use or your use of our website requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate MeYou Health's intellectual property rights, MeYou Health may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

      BECAUSE THE USE OF OUR WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

      The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee for any action (A) to compel arbitration, (B) to enforce any award of the arbitrators, or (C) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section 5(g) be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee.

    8. The application of these provisions, disclosures, and disclaimers and all other matters arising from your use of our website or of any information you obtain from us shall be governed by the laws of the United States of America and the State of Tennessee.

    9. If you have any questions, comments, or complaints about these Terms of Use, please contact MeYou Health Customer Support at support@dailychallenge.com or at the address below:

      MeYou Health, LLC, 1 Appleton Street, 4th Floor, Boston, MA 02116, Attn: Support

      YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

      YOU ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE TERMS OF USE, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, (B) THAT THESE TERMS OF USE HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (C) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE.

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